WPMS/149/2018
2021 Latest Caselaw 1818 UK

     IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
           ON THE 10TH DAY OF JUNE, 2021
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Writ Petition (M/S) No. 149 of 2018

BETWEEN:
      Deveshwar Prasad Uniyal                     .....Petitioner
      (There is no representation for the petitioner)

AND:
      State of Uttarakhand & others             ....Respondents
      (By Mr. T.S. Phartiyal & Mr. G.S. Negi, Additional Chief
      Standing Counsel for the State of Uttarakhand/respondents)


                         JUDGMENT

Petitioner had earlier filed Writ Petition (M/S) No. 2334 of 2014, claiming benefits available to Uttarakhand Rajya Andolankari. The said writ petition was disposed of by a Coordinate Bench of this Court vide order dated 21.09.2017. Operative portion of the said order is reproduced below:

"Accordingly, the writ petition is disposed of. The State Government is directed to take a final decision within a period of eight weeks from today."

2. Pursuant to the aforesaid order passed by Coordinate Bench of this Court, Principal Secretary, Home Department has passed an order on 12.12.2017 rejecting petitioner's claim for higher pension. Thus, feeling aggrieved, petitioner has approached this Court, seeking the following reliefs:

"(i) Issue a writ order or direction in the nature of certiorari to quash/set-aside the order dated 12.12.2017 (Annexure -11) to the extent it denying the claim of petitioner as Uttarakhand Rajya Andolankari as well as pensionary benefits.

(ii) Issue a writ order or direction in the nature of mandamus directing the respondents to grant pensioner benefits as per Govt. orders dated 12-8- 2009 & 25-3-2013 (Annexure-4) to the petitioner by treating him as Uttarakhand Rajya Andolankari.

(iii) Issue a writ order or direction in the nature of mandamus directing the respondents to pay the pension to the petitioner @ Rs. 5000/- per month from the date of initial order i.e. 11-8-2004 along with its arrear including interest (adjusting Rs. 3100/- per month from June 2016)."

3. Principal Secretary, Home Department has given valid reasons for not accepting petitioner's claim for higher pension. Perusal of the impugned order reveals that petitioner was never detained for participating in Uttarakhand Andolan nor he was ever hospitalised in connection with the injuries sustained by him during Uttarakhand Andolan. It has also come on record that the records available with Local Intelligence Unit are absolutely silent regarding petitioner's participation in Uttarakhand Andolan.

4. For getting higher pension as Uttarakhand Rajya Andolankari, a person has to fulfil certain conditions as provided in the Government Orders. Since petitioner could not fulfil those conditions of eligibility, therefore, his claim has been rightly rejected. In such view of the matter, there is no scope for interference in the matter.

5. Accordingly, the writ petition fails and is dismissed.

6. No order as to cost.

(MANOJ KUMAR TIWARI, J.) Navin